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second stage, state-registered non-governmental non-profit organizations
will be included in a single state register, which is open to all legal entities.
References:
1.
Абдусаломов М. Тадбиркорлар ҳуқуқ ва манфаатларини ҳимоя
қилишнинг фуқаролик ҳуқуқий усуллари ва муаммолари. Ю.ф.н.
Афтореферат. -Т.: 2003 11-б
2.
Гражданские права. Том-1. Учебник. Отв.ред. Е.А.Суханов -М.:
"БЕК». 1998. -197 б.
3.
Гражданское право Ч-1. -М.: Проспект. Под.ред. С.П.Сергеева.
К.Толстого 1999. -127 б.
4.
Зокиров И.Б. Ўзбекистон Республикаси Фуқаролик щуқуқи. -Т.:
Адолат 1996 -57 б.
5.
Муаллифлар жамоаси. Фуқаролик кодексига шарҳлар. Т.1. Т.:
Vector press, 2010. 72-73 б.
6.
Муаллифлар жамоаси. Фуқаролик ҳуқуқи. Дарслик. 1-қисм. Т.:
ТДЮУ, 2017. 81 б.
7.
Понамарева О.А. Правовое регулирование и порядок создания
некоммерческих организаций. //Вопросы управления. Выпуск №6(37)
декабрь 2015г. -255 с.
8.
Сойфер Т.В. Концепция некоммерческих организаций в
российском гражданском праве. Автореферат диссертации на
соискание ученой степени доктора юридических наук. -М., 2010. -19-20
с. -28-29 с.
9.
Юлдашев Ж. Акциядорлик жамиятлари – фуқаролик ҳуқуқининг
субъекти сифатида. Т.: ТДЮИ, 2004. 128 б.
Ashurova Mukhayyo, Independent researcher at Tashkent State University
of Law, Republic of Uzbekistan
CONDITIONS FOR THE EXERCISE OF PROPERTY RIGHTS IN RESPECT OF
HOUSING
M. Ashurova
Abstract: The article analyzes the conditions and requirements set out
in the civil and housing legislation for the exercise of property rights to
housing. The article also addresses issues related to the exercise of property
rights in relation to housing with limited civil treatment.
Keywords: Housing, property rights, civil rights, mortgages, mortgages,
ownership, possession, use, disposal.
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In civil law, the exercise of the right is understood as the opportunities
and powers established by law to take actions aimed at the possession, use
and disposal of the rights belonging to the person on the basis of their own
desires and interests. The exercise of civil rights is the ability of a particular
right holder to perform an action arising from that right, through which the
right holder satisfies his or her own needs.
According to A.P. Sergeev, the exercise of the right means the realization
of the opportunities provided to the subjective right holder on the basis of
law or contract. In other words, the exercise of a subjective civil right is a
clear exercise of the legal freedoms guaranteed by the state [4].
According to Article 9 of the Civil Code, citizens and legal entities
exercise their civil rights, including the right to protection, at their own
discretion. All issues related to the exercise of civil rights, such as the ways
of their implementation, the scope of which is the waiver of subjective rights
or the transfer to another person, are carried out by an authorized person at
his own discretion [6].
The homeowner also acts in accordance with the law and contracts in
the exercise of the right of ownership over the home belonging to him. In
particular, according to Article 11 (3) of the Housing Code, the right of
ownership to housing is indefinite, without violating the rights and legally
protected interests of citizens and legal entities, the right to own housing at
his own will and interests. the right to use and dispose of it, as well as to
demand redress for the violation of his property rights. Changes in the
appearance of dwellings, their reconstruction or demolition are allowed
with the appropriate permission of the local state authorities. Therefore, in
the exercise of property rights in respect of ordinary objects, movable
property, in particular, when changing their appearance or violating them,
the right holder shall exercise the right of ownership of housing only if he
follows the general conditions set out in Article 9 and Article 172 of the civil
code. the person must comply with the requirements established by law. In
other words, in exercising property rights over movable property, a legal
entity has broader powers than exercising property rights over housing.
That is, as noted by D.I. Babaev, the exercise of the rights of citizens and legal
entities, which are the subjects of civil law, depends on their will, and they
must comply only with the requirements of the legislation in the exercise of
their rights [1].
In the exercise of property rights in respect of housing, the subject of
law is given the opportunity to perform certain actions on the basis of law
and contract, as well as the limits of the exercise of this right. V.P. Gribanov
acknowledges that the establishment of conditions and boundaries for the
exercise of civil rights is not a restriction of these rights, but a legal
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expression of the economic equality of persons in the system of social
relations, ie the legal guarantee of equality in practice [5].
In our opinion, the conditions for the exercise of this property right
should be conditionally called the boundaries of property rights and agree
with the views of P.V. Krasheninnikov. In his view, conditions are objective
only if they do not arise from the will of the subjects or the judiciary arising
from the law [10].
According to O.V. Shvedkova, restrictions on the owner’s will in relation
to his property, regardless of this will, can be established only within the
law. Thus, restrictions are understood as the exclusion of certain rights from
the property right of the subject in relation to the object, established by law
[13]. Similar ideas are found in other legal literature [8,7,9].
In addition to these considerations, the conditions and boundaries of the
exercise of property rights can be divided into the following types on the
basis of which they arise:
1. Conditions established by the legislation.
2. Contractual Terms.
3. Conditions set by the courts.
The rules set out in Article 172 of the Civil Code may be included in the
conditions established by the legislation on the exercise of property rights
in respect of housing. This norm establishes the following conditions:
- the exercise of the owner’s rights must not violate the rights and legally
protected interests of other persons;
- in cases, conditions and within the limits provided by law, the owner
is obliged to allow other persons to use his property in a limited way;
- the owner has no right to abuse his privileged position, to take other
actions that infringe on the rights and legally protected interests of others;
- the owner is obliged to take meAndijan State University named after
Z.M.Boburres to prevent damage to the health of citizens and the
environment in the exercise of their rights.
Contractual boundaries (conditions) are determined by agreement of
the parties. In this case, one party to the civil law contract imposes certain
restrictions on the exercise of property rights to the other party. For
example, in accordance with Article 22 of the Law of the Republic of
Uzbekistan “On Mortgage” of October 4, 2006, when mortgaging a house
under a mortgage agreement, the mortgagor under the agreement may be
obliged.
The mortgagor has the right to receive the product, yield and income
from the mortgaged object. Unless otherwise provided by the mortgage
agreement, the mortgagee shall not have the rights to the same product,
product or income.
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Unless otherwise provided by the mortgage agreement or the law, the
mortgagor shall take all necessary meAndijan State University named after
Z.M.Boburres at his own expense to properly maintain the mortgaged object,
including its timely maintenance, its rational use and protection from
unlawful aggression and claims of others must see.
The mortgagor must notify the mortgagee in writing in a timely manner
of any risk of loss, damage, deterioration or deterioration of the mortgaged
property, as well as any circumstances that may adversely affect the rights
of the mortgagor under the mortgage agreement.
The mortgagee has the right to check the availability, condition,
maintenance and use of the mortgaged property during the term of the
mortgage agreement. Such inspection by the mortgagee shall not suspend
the use of the mortgaged property for its intended purpose or shall in any
other way infringe the rights of the mortgagor or other person in the
temporary use of the mortgaged property.
Commenting on this article, R.J. Ruziev has the following points:
- this legal norm (Article 22) protects the right of the mortgagor to use
the mortgaged property and is considered insignificant if there are
restrictions on the exercise of the rights established by the text of the
mortgage agreement [12].
Of course, the restriction of property rights on the basis of a contract, in
a sense, stems from the legislation. For example, even if the leased property
changes, the lessee's right to lease is retained [3, 11, 2] and the new owner's
right to own and use the property is limited until the lease expires.
Restrictions on property rights by the court are usually imposed by the
court in respect of the owner of a particular property or in the event of a
dispute over the right of possession or use of that property or a dispute over
inheritance of the property. That is, the right to dispose of this property is
limited until the dispute is legally resolved. However, in some cases, the
court may also restrict the right to own and use the property to the parties
to the dispute and delegate the custody of the property to another person.
This case is subject to judicial sequestration (Article 900 § 2 of the Civil
code).
In all cases, the conditions for the exercise of property rights should be
based on the rules clearly defined by law, and the restrictions and conditions
for the exercise of property rights, in our opinion, should be qualified on the
following two grounds:
1. Conditions under which the right of ownership to housing is
determined in the interests of society.
2. Conditions in which the rights of the owner arise from the interests of
a particular person, such as the rights of neighbors or partners in common
property.
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Restrictions imposed in the public interest include not polluting or
harming the environment in the use of their property by the owner, while
conditions arising in the interests of neighbors include easements.
It is especially important to take into account the purpose of its
appointment in determining the conditions and certain restrictions on the
exercise of property rights to housing. Because the current legislation
stipulates that housing has a strict purpose, this is primarily due to the high
demand of citizens for housing. Consequently, the lack of a clear definition
of the purpose of housing would have aggravated the need and condition of
a large segment of the population for housing and the use of many
residential buildings for other purposes.
References:
1.
Бабаев Д.И. Истеъмолчи ҳуқуқлари ва уларни бузганлик учун
фуқаролик-ҳуқуқий
жавобгарлик
муаммолари.
Юрид.фан.номз.дис....Автореф. - Тошкент: 2005. – 14 б.
2.
Бобоқулов С.Б. Ижара муносабатларининг тарихий ривожланиш
босқичлари ва бозор иқтисодиёти шароитида ижара шартномаси
конструкцияларини табақалаштириш муаммолари. - Тошкент: Илм-
Зиё, 2008.-Б.55-56.
3.
Витрянский В.В. Договор аренды и его виды.-М.: Статут, 2001.-75
с.
4.
Гражданское право. Т.1. /Под.ред. А.П.Сергеева, Ю.К.Толстого. -
М.: Проспект, 2003. - 316 с.
5.
Грибанов В.П. Осуществление и защита гражданских прав. - М.:
Статут, 2001. - 25 с.
6.
Зокиров И.Б. Фуқаролик ҳуқуқи. I-қисм.-Тошкент: ТДЮИ, 2009.-
128 б.
7.
Исрафилов И. Правовая природа вещных прав на жилое
помещение//Хозяйство и право. - Москва. 1999. -№2. - С. 94.
8.
Камышанский
В.П.
Право
собственности:
пределы
и
ограничения. - М.: ЮНИТИ: Закон и право, 2000. - С.137-138.
9.
Коршунов Н.М., Аккуратов И.Ю., Хореев А.А. К вопросу об
ограничениях и обременениях права собственности// Государство и
право. - Москва. 2000.-№10.-С.68-72.
10.
Крашенников П.В. Право собственности на жилые помещения.
- М.: Статут, 2001. - 17 с.
11.
Рузиев Р.Д. Договорно-правовые проблемы имущественного
найма в условиях рыночной экономики. Автореф.дис…докт.юрид.нуак.
- Ташкент: 2002. - 11 с.
12.
Ўзбекистон Республикасининг “Ипотека тўғрисида” ги
Қонунига шарҳлар.-Тошкент: ТДЮИ, 2007.-134 б
Scientific research results in pandemic conditions (COVID-19)
31
13.
Шведкова О.В. Приобретение и осуществление права
собственности граждан на жилые помещения. Дис…канд.юрид.наук. -
М.:2004.-114 с.
T. Azamov Toshtemir ugli– Master of Andizhan State University, Republic
of Uzbekistan,
TEACHING METHODS OF NATIONAL AND INTERNATIONAL LAW THAT
PROTECTING CHILDREN’S RIGHTS
T. Azamov
Abstract: In this article laws and decrees are researched throughly for
seeing healthy and grow up like intellectual of children. In this article
explained that likewise special bases of protecting children's laws in our
country
Keywords: law, decree, declaration children rights, right of living, right
of progressing
Introduction
Every time, in every country and nation, the upbringing of young people
with a future of the nation has always been timely, and all conditions and
opportunities have been created for them to be shaped [1]. Today, many
laws and resolutions have been adopted to ensure the full development of
children in a comprehensive, healthy way of life and their intellectual
potential. This is an example of the 1924 Geneva Declaration on the Rights
of the Child, the Declaration on the Rights of the Child of 1959, the
Convention on the Rights of the Child on 20 November 1989, and other
documents.
Materials and methods
In our article, we used some possible materials and methods in order to
show the research and the result clearly and effectively. Mainly it was used
our president’s theories, various research papers and others.
Result and discussions
Besides that, our government or our country keep various rules given in
our constitution about family and relationship. And according to the rule,
the family is a sacred place for the protection of the continuity of every
nation, the development of national values, bringing up the spiritually and
physically developed generation. It is the foundation of the so-called
"society". It is important for the government to ensure the social and
economic interests of the family, to improve the living conditions of the
